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(영문) 광주지방법원 순천지원 2016.11.16 2016고단739
업무방해
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is as follows: (a) around April 16, 2016, the Defendant, at around 21:00, obstructed the victim’s main duties by force by avoiding disturbances between about 5-6 minutes and 6 minutes, i.e., playing alcohol when calculating the drinking value first; (b) the Defendant expressed that the victim would drink alcohol when calculating the drinking value. However, the Defendant said that the victim would drink alcohol with the preference of the drinking value, and that the Defendant would do so.

2. The victim C stated in this court that “the Defendant was spiting the Defendant’s “satise” and satisely, satched.”

However, at the time of the instant case, the Defendant made a statement to the effect that “at that time, there was no other customer.” The Defendant did not account for the tables, and the Defendant was faced with the fluent water while under the influence of alcohol, which led to fall. The Defendant intentionally did not have any things.” At the time of the instant case, the Defendant reported it to the police without paying the drinking value, and the Defendant reported it to the police.

The victim prepared a written statement that he/she interfered with the business of the defendant after being investigated by the police. However, in light of the attitude or memory of the victim in the court, etc., the victim does not seem to have made a false statement in favor of the defendant.

Therefore, it is difficult to believe the victim's written statement as it is, and as other evidence, it is insufficient to view that the charge that the defendant interfered with the victim's business is proven to the extent that there is no reasonable doubt.

Therefore, the facts charged in this case constitute a case where there is no proof of crime, and thus, is acquitted under the latter part of Article 325 of the Criminal Procedure

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